In the property of "Lao Lai", the house can be said to be the most valuable. As for the pre-sale commercial housing bought by Lao Lai, the answer stipulates that if Lao Lai has paid all the house price (part of the house price and part of the loan) to the developer, the bank has already registered the mortgage advance notice (pre-mortgage registration). If the pre-sale of commercial housing is pre-sealed by the court, and the developer or the old one relies on arbitration or litigation to terminate the sales contract, it shall not object to the court's execution, and the court may continue to execute the pre-sale.
Many times, "Lao Lai" buys real estate for minor children, or transfers the property to the name of minor children in order to resist execution. In this case, the "Solution" clarifies that if the effective legal document only states that the "Lao Lai" individual is the debtor, the court may enforce the following property-
(a) deposits, equity (shares), financial products, etc. Real estate and vehicles registered in the name of Lao Lai's spouse after marriage and in the name of Lao Lai and his spouse after marriage;
(2) * * property registered in the name of Lao Lai and others, and property registered in the name of an outsider but recognized as "Lao Lai" property by an outsider or agreed to be enforced as "Lao Lai" property;
(3) The court may enforce a large amount of deposits in the name of Lao Lai's minor children, property and vehicles registered in the name of Lao Lai's minor children unilaterally, or property registered in the name of Lao Lai and minor children.
For * * * property, it should be divided in kind before execution, but if it can't be divided in kind or the division will obviously reduce the value of the property, the court can dispose of it as a whole. For the changed price after disposal, it is limited to the share of "Lao Lai" in the property owned by * * *.
Can the court dispose of the pre-sold commercial housing, the property under the name of minor children, the vehicles that Lao Lai has purchased, and how? 13 On June 38, Jiangsu Higher People's Court issued "Answers to Difficult Problems in Execution", which stipulated the above problems and unified the implementation standards.
For the pre-sold commercial housing purchased by Lao Lai, the Answer stipulates that Lao Lai has paid all the house price to the developer, the bank has registered the mortgage notice, and if the pre-sold commercial housing is pre-sealed by the court, the developer or Lao Lai may terminate the sales contract by arbitration or litigation, and shall not object to the court's execution, and the court may continue to execute the pre-sold real estate.
Many times, "Lao Lai" buys real estate for minor children, or transfers the property to the name of minor children in order to resist execution. The "Answer" clarifies that in this case, the effective legal documents only specify that Lao Lai is the person to be executed, and the property under the name of Lao Lai's spouse and minor children can also be executed. Deposits, equity (shares), financial products, etc. Property and vehicles registered in the name of Lao Lai's spouse and unilaterally in the name of the spouse of the person subjected to execution after marriage, as well as property and vehicles registered in the name of Lao Lai and his spouse after marriage, can be enforced by the court. The court can also enforce the large deposits in the names of the minor children of Lao Lai, the properties and vehicles registered in the names of the minor children of Lao Lai unilaterally, or the properties registered in the names of Lao Lai and minor children.
At the same time, the Provincial Higher People's Court made it clear that the property owned by * * * should be divided into physical objects before implementation; If the property cannot be divided in kind, or the division will obviously damage the value of the property, the court can dispose of the property as a whole. For the changed price after disposal, it is limited to the share of "Lao Lai" in the property owned by * * *.
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